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Petition for the Dissolution of Marriage in Arizona

Petition for the Dissolution of Marriage in Arizona

A petition for the dissolution of marriage attorney in Arizona will help with your legal request to terminate your marriage. If you are thinking about divorce in Arizona, you need to know what a dissolution of marriage entails, and here is a guide.

So, you’ve tried to make the marriage work, maybe even enlisted the help of a marriage counselor, but still feel like you’re drowning? Well, sometimes a divorce might be just what you need for a new lease on life, and it starts with a petition for the dissolution of marriage.

What’s a Petition for the Dissolution of Marriage in Arizona?

A petition for the dissolution of marriage is a formal request that starts divorce proceedings. The request is made in one of the state’s Superior Courts in the county where you or your spouse reside.

The following documents must be included with the divorce petition:

  • Sensitive datasheet
  • A summons
  • A preliminary injunction
  • A health insurance conversion notice
  • Notification to creditors

You’ll need to get multiple copies of these documents date-stamped so the court clerk can file one group, and you keep at least two for later confirmation purposes.

Making Statements Under Oath in Arizona

The petition for dissolution documents will have some questions that’ll need answers. The form must be completed honestly and completely.

Some of the statements you’ll have to provide under oath include the following:

  • Detailed information about you and your spouse:
  • The date and location of your wedding
  • The declaration that your marriage is broken beyond reconciliation.
  • Confirmation or denial that your marriage is a covenant union.

Filing the Divorce Petition with the Superior Court Clerk in Arizona

After completing the petition for dissolution form, you’ll have to file it with the clerk of your local superior court. The court clerk will assign your petition a formal case number. In some cases, an atlas number is issued if minors are involved. Note both numbers since they’ll be required on all subsequent court documents.

Make two copies of the original petition document so that once they’re stamped, the court clerk can keep the original, and you serve one to the defendant and keep the other. A filing fee of $321.00 is usually charged, although a fee waiver may be possible. On the other hand, a response or first appearance in a dissolution case costs $256.00. The costs for an annulment and a legal separation are the same.

Your spouse must respond to the petition for dissolution within a specified time, or you could file for a “default” against them. A default application allows you to proceed with dissolving the marriage, seek child custody, divvy assets and properties, and seek compensation for attorney fees.

But if your spouse responds to the petition for dissolution of your marriage, it’s up to you to pursue the divorce. That includes getting your divorce case on the court’s active schedule. See, when you file your dissolution of marriage petition, the court automatically places it on its “inactive calendar” and won’t do anything unless you ask it to. If you wait too long, you’ll get a letter notifying you that your petition has been dismissed.

How to Get Your Case on the Court’s Active Calendar in Arizona

You can submit either a Motion to Set and Certificate of Readiness or a Motion for Temporary Orders. A “Motion for Temporary Orders” requests the court to put provisional orders in place during the dissolution of the marriage. These include things like:

  • Temporary child custody orders
  • Temporary child support orders
  • Temporary spousal support provisions
  • Temporary ownership or use of specific assets throughout the proceeding (such as the family home);
  • Temporary instructions for community bill payment;
  • Temporary rulings directing the payment of divorce-related legal bills;

On the other hand, a Motion to Set and Certificate of Readiness document confirms that you are prepared for your divorce proceedings. You must testify under oath that you’ve shared all pertinent paperwork and data for the final trial with your spouse. Moreover, the Motion to Set and the Certificate of Readiness request the court to set a date for the final trial.

What is a Resolution Management Conference

After receiving either of the above motions, the court will schedule a Resolution Management Conference and inform you and your spouse of the time and place. The conference’s purpose is for the judge to become acquainted with your case, attempt to resolve disagreements, order mediation, or authorize a trial as they see fit. You might not be asked to present any evidence during the event. But read the court notice very carefully to be on the safe side.

If you agree to settle your dissolution, the judge will have to approve any settlement agreement, but what’s important is that it’s based on conditions that both you and your husband agree upon. If the judge approves, they’ll sign the Consent Decree for the Dissolution of the Marriage and mail your final divorce decree within a couple of weeks.

On the other hand, if you decide to go to a marriage trial, the court will issue a set of pretrial orders requesting the following info:

  • A list of the disputed issues that the judge must decide
  • A statement outlining your stance on the disputed issues;
  • A list of all the case’s unresolved or resolved issues;
  • A list of all the witnesses who will appear in court to testify.
  • A list of every exhibit that’ll be presented as proof at trial;

The pretrial instructions will also specify a deadline by which you must deliver all of your evidence to the judge’s aide ahead of trial. Your evidence must be delivered on time to be marked so the court can easily trace it.

The court will inform you of the trial date and time, and during the proceedings, you and your spouse will be permitted to testify, bring your witnesses, and introduce exhibits into evidence.

Following the conclusion of the trial, the court may render its judgments that same day or after taking a few days to review everything. Considering filing a petition for dissolution of marriage in Arizona? At Jensen Family Law, we may be able to help. Our dissolution of marriage attorneys have successfully represented clients in Arizona for over 20 years now and have the expertise to handle any divorce case.

Call today or make an online appointment for a $100 one-hour consultation with one of our expert Divorce Lawyer in Arizona to discuss your specific family law matter, and we’ll explain how we can help.

Reach Out to Us

Call us today and schedule your divorce consultation with one of our Arizona Divorce Attorneys. With offices in MesaChandler, Glendale, Scottsdale, Queen Creek, and Gilbert we are ready to help.


Our team of child support lawyers look forward to helping you when you need it most. With over two decades of aggressive child support representation, we will not allow you to be taken advantage of. We believe in making a difference in the lives of our clients and their children.

Call us today and schedule your divorce consultation with one of our Arizona Divorce Attorneys. With offices in MesaChandler, Glendale, Scottsdale, Queen Creek, and Gilbert we are ready to help.


Mesa, AZ – Office

Located in Mesa Arizona, on Val Vista and Southern Avenue. Our Family Law Attorneys and Divorce Lawyers in Mesa AZ have been helping our clients achieve the legal results they are searching for. Our Mesa Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Jensen Family Law in Mesa AZ
3740 E. Southern Ave Suite 210
Mesa, AZ 85206
(480) 999-2321
https://familylawattorneymesaaz.net/mesa

Chandler, AZ – Office

Located On Dobson Road, just North of W. Chandler Blvd, near the 101 Freeway. We have a team of the Best Divorce Lawyers and Family Law Attorneys in Chandler Arizona. Our Chandler Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Jensen Family Law in Chandler AZ
333 N. Dobson Rd #5
Chandler, AZ 85224
(480) 632-2083
https://familylawattorneymesaaz.net/chandler

Gilbert, AZ – Office

Located in South East Gilbert, Near Higley High School on Pecos Road, West of Power Road in the Power Ranch Neighborhood. Our Gilbert Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Jensen Family Law in Gilbert AZ
4365 E. Pecos Rd Suite 138
Gilbert, AZ 85295
(480) 900-2302
https://familylawattorneymesaaz.net/gilbert

Florence, AZ – Office

Located in the Community of Anthem in Florence Arizona, off of Hunt Hwy. Our Florence Law Firm is staffed with family law attorneys that offer Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Jensen Family Law in Florence AZ
3281 N. Hunt Hwy Suite 111
Florence, AZ 85132
(480) 632-1120
https://familylawattorneymesaaz.net/florence

Glendale, AZ – Office

Located in Glendale. Our Glendale Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Jensen Family Law in Glendale AZ
7075 West Bell Road Suite 5
Glendale, AZ 85308
(602) 834-8585
https://familylawattorneymesaaz.net/glendale/

Scottsdale, AZ – Office

Our Scottsdale Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Jensen Family Law in Scottsdale AZ
7825 E. Gelding Dr. Suite 102
Scottsdale, AZ 85260
(480) 581-1650
https://familylawattorneymesaaz.net/scottsdale




LET US REVIEW YOUR CASE

Jensen Family Law in Mesa is located on 3740 E Southern Ave Suite 210, 85206 Mesa, Arizona. From Phoenix Sky Harbor International Airport (PHX), Take S 41st St to E Sky Harbor Blvd, then head west on E Sky Harbor Blvd and Use the left lane to take the exit toward S 41st St. Then Turn right onto S 41st St. After that, Continue straight to stay on S 41st St, then Take AZ-202 Loop E, AZ-101 Loop S and US-60 E to S Val Vista Dr in Mesa. Take exit 184 from US-60 E after that Merge onto E Sky Harbor Blvd, then Use the left 2 lanes to merge onto AZ-202 Loop E toward Tempe/Mesa and Use the right 3 lanes to take exit 9 to merge onto AZ-101 Loop S. After that, Use the right 2 lanes to take exit 55A-B to merge onto US-60 E toward Globe, then Take exit 184 for Val Vista Dr. Then Continue on S Val Vista Dr to your destination and Turn left onto S Val Vista Dr. Turn right onto E Southern Ave, then turn left and Destination will be on the right.

We’re open 9 AM – 5 PM Monday – Friday and we are closed on Saturday and Sunday.

For additional questions you can call us at (480) 999-2321 or you can find us on Yelp.